Document Fragment View

Matching Fragments

12.3 He also submitted para-wise reply in the subsequent part of his affidavit. Though two separate counter affidavits are filed, but sum and substance of both the affidavits, is one and the same, therefore, we are not making specific reference to the averments in the second affidavit dated 14th August, 2017.

13. Respondent no.9-U P Sunni Central Waqf Board has also filed a counter affidavit dated 16th July, 2017. In their counter affidavit, the main contention urged on behalf of the Board is that the writ petition is not maintainable for the reliefs as sought therein. After making reference to Sections 85 and 93 of the Waqf Act, it is stated that once a property is registered with the Board under Section 36 of the Waqf Act, the decision of the Board in respect thereof would be final unless revoked or modified by the Waqf Tribunal. It is further stated that the structure of Mosque is in fact vested with the Board and there cannot be any proceeding or compromise without its sanction. The validity of the registration cannot be gone into in the instant proceedings and the writ petition with such averments and reliefs is not maintainable. A question is also raised as to how removal of a Mosque would be in public interest. This respondent has also placed its parawise reply on record which is mostly in the form of denial. Paragraph 26 of this affidavit states that for the purpose of the Waqf Act, it is compulsory for every Waqf to be registered at the office of the Board. Whenever, an application is made for registration, the Board, after making proper enquiry, register the Waqf. In the present case also, it states, after making proper enquiry, respondent no.7-Waqf came to be registered and registration certificate was issued on 30th May, 2002 appointing the following members of the Managing Committee: (a) Manzarul Islam Advocate, President, (b) Aleem Elahi Shah Advocate, Vice President, (c) Wazahat Husain Khan Advocate, Vice President, (d) Sirazul Haq Advocate, Secretary, (e) Abdul Rasheed Advocate, Asst. Secretary, (f) S.M.A. Kazmi Advocate, Member, (g) Afzal Ahmad Advocate, Member, (h) S.A. Gilani Advocate, Member, (i) Javed Habib Advocate, Member and (j) Mehboob Ahmad Advocate, Member.